By Lukman Olabiyi
The Federal High Court, Lagos, yesterday, fixed November 15, to hear Nigerian Bottling Company’s (NBC) application, seeking to quash contempt and committal to prison applications filed against its Managing Director (MD), Mattieu Seguin, by the Rite Foods Limited, over alleged trademark infringement.
Rite Foods, through its lawyer, Muyiwa, had dragged NBC and its MD, Mr. Seguine, before the court, in a suit marked FHC/L/CS/528/2021, for allegedly ‘passing off’ its Fearless Energy drink logo.
Rite Foods had, on February 9, 2021, through an ex parte application marked FHC/L/CS/92/2021, asked the court for an order restraining NBC from further promoting its Predator Energy drink in the Nigerian market, the application which was granted by Justice Chukwujekwu Aneke.
However, NBC counsel, Mr. Oluseye Opasanya (SAN) filed an application challenging the exparte order, and a motion to quash the proceedings.
At the resumed proceedings yesterday, NBC managing director’s counsel, Opasanya (SAN), told the court that he had an application dated October 18 and filed on October 21, 2021, seeking to quash the contempt against his client.
Opasanya also informed the court that Justice Aneke had discharged the exparte order made against his client on September 17, 2021. He added that he expected the counsel to the applicant, Rite Foods Limited, to be upright and end the litigation.